Watchdog reporter Morgan Cook answered questions about today’s story on the case of Michael Hayes, a foster parent entrusted with children and convicted of lewd acts on children in his care. Twin brothers who were victimized in his care are suing San Diego County for more than $5 million.

What brought your attention to this case?

A reader tipped me off to the lawsuit after seeing another Watchdog story I wrote earlier this year about an alleged failure of the foster care system. I looked up the lawsuit and the allegations were striking. It didn’t take me long to decide it was a story somebody needed to tell.

What challenges did you face getting information?

The foster care system and the juvenile courts are very closed off to the general public because protecting the children’s privacy is hugely important. Many filings in the lawsuit were sealed by the court. County officials wouldn’t talk to us about the lawsuit because litigation was ongoing. Citing the same reason, county officials refused to let me interview a human and would only take questions in writing. I got back some carefully-lawyered statements in response. The defendants had been advised by their attorneys to decline comment. The plaintiffs were living out of state and they chose to let their lawyers speak on their behalf. The plaintiffs’ lawyers were helpful, but they couldn’t even let me see most of the information they acquired during discovery. Further complicating matters, some of the people I needed to interview were in prison. Even Hayes’ publicly-available criminal court records were sparse because Hayes pleaded guilty to charges before trial.

How did you overcome these challenges?

I used a lot of court records, which are available to the public and often full of helpful information. I called up experts and triangulated bits and pieces of information from criminal and civil case files to nail down facts and find people. I used social media to find relatives, and then asked them for help finding other sources. I cold-emailed a bunch of teachers at the boys’ former elementary school. It was really tedious and time-consuming work, but finally, after weeks, I caught a break. Hayes signed a waiver releasing the contents of his criminal defense files. Some of the key records I got from it had been redacted, but it was a treasure trove.

You have become aware of other, similar, cases. How did you decide to focus on this one?

I found other lawsuits that made similarly serious allegations, but they were older cases and had been litigated. This case was ongoing, so it had a built-in news hook. Plus, the plaintiffs’ lawyers were engaged and willing to help, which was great because they have valuable experience with these types of cases.

What did you find most surprising about the foster care system in researching this story?

It was striking to me how little information about the foster care system is available to the public, and how nobody seems to agree how the system works — or even how it’s supposed to work. What exactly social workers are required to do, and how they are required to do it, is the subject of constant litigation. How is the public supposed to know how government is caring for our most vulnerable children if it isn’t clear how the system is supposed to work and we’re not allowed to see it working?

The county declined any comment on the case featured in the story, citing pending litigation. How did you work to make the story fair to the government?

I used their court filings in response to the lawsuit. I also used some of the written comments I got from county staff in response to my questions about the foster care system in general. We also approached the entire Board of Supervisors for comment about the case, which elicited assurance that the government tries to keep foster children safe.

The perpetrator agreed to speak to you from prison, did that surprise you?

Yes. Subjects of stories often decline to comment at all. In Hayes’ case, I think he decided speaking about his case was likely to do more good than harm. For what it’s worth, I agree with his assessment, and I think he made the right choice.

What was that call like?

The conversation was somewhat rushed because the prison’s phone system would only let me pre-pay for one 15-minute session at a time. I was able to speak to him for two sessions. He was surprisingly candid about his experience as a foster parent. He professed his innocence at length. He also expressed feelings of concern for the boys and a desire to help them in any way he could. I awkwardly explained to him that I would report what he said about being innocent, but the sworn court and police records tells a different story.

This case never made the news, at the time of the perpetrator’s arrest and conviction and sentencing, and when the lawsuit was first filed. Do you have any idea why?

I’d say the most likely reason is that authorities wanted to protect the privacy of the minors involved, so they did not put out a press release or tell any reporters. Another possibility is that county authorities did not want an article like the one I wrote to land on the front page of the newspaper. A third possibility is that reporters knew about the lawsuit, but passed because they — unlike myself — were wise to the frustrating, time-consuming obstacles involved in reporting on a case like this involving juveniles.

Will you be looking into other cases in the future?

I have one waiting on my desk right now. Also, I’m hoping readers will see this story and tip me off to other lawsuits or share their stories about San Diego County foster care with me.

CAPTION

As a sexual-misconduct case deepens within the San Diego Sheriff’s Department -- a 10th women has come forward with a legal claim against the county -- three alleged victims are raising questions about why the accused lawman has not been arrested.

As a sexual-misconduct case deepens within the San Diego Sheriff’s Department -- a 10th women has come forward with a legal claim against the county -- three alleged victims are raising questions about why the accused lawman has not been arrested.

CAPTION

The City of San Diego helped build a $2-million public restroom, after years of rejecting calls for toilets to address unsanitary conditions downtown.

The City of San Diego helped build a $2-million public restroom, after years of rejecting calls for toilets to address unsanitary conditions downtown.